Attached files
| file | filename |
|---|---|
| EX-1.4 - SOUTHERN CO | x1-4.htm |
| EX-5 - SOUTHERN CO | x5-1.htm |
| EX-1.3 - SOUTHERN CO | x1-3.htm |
| EX-1.2 - SOUTHERN CO | x1-2.htm |
| EX-1.1 - SOUTHERN CO | x1-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D. C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of
Report (Date of earliest event
reported) May 13,
2010
|
Commission
File
Number
|
Registrant,
State of Incorporation,
Address And Telephone
Number
|
I.R.S.
Employer
Identification
No.
|
|
1-3526
|
THE
SOUTHERN COMPANY
(A
Delaware Corporation)
30
Ivan Allen Jr. Boulevard, N.W.
Atlanta,
Georgia 30308
(404)
506-5000
|
58-0690070
|
The name
and address of the registrant have not changed since the last
report.
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
|
[ ]
|
Written
communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
|
|
[ ]
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
|
|
[ ]
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
|
[ ]
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
8.01. Other
Events.
On May 13, 2010, The Southern Company
(the “Company”) entered into separate Sales Agency Financing Agreements (each,
an “Agreement” and collectively, the “Agreements”) with Barclays Capital Inc.,
BNY Mellon Capital Markets, LLC, Citigroup Global Markets Inc. and Morgan
Stanley & Co. Incorporated. Under the terms of the Agreements,
the Company may offer and sell from time to time not to exceed 10,000,000 shares
of the Company’s common stock, $5.00 par value per share (the
“Shares”). Unless earlier terminated, each Agreement will terminate
upon the earlier of (i) the sale of all of the Shares through such Agreement or
(ii) the second anniversary of the date of such Agreement.
All of the Shares to be issued and sold
under the Agreements were registered under the Securities Act of 1933, as
amended, pursuant to the shelf registration statement (Registration No.
333-159072) of the Company.
|
Item
9.01.
|
Financial Statements and
Exhibits.
|
|
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(c) Exhibits.
|
|
1.1
|
Sales
Agency Financing Agreement dated as of May 13, 2010 between the Company
and Barclays Capital Inc.
|
|
|
1.2
|
Sales
Agency Financing Agreement dated as of May 13, 2010 between the
Company and BNY Mellon Capital Markets, LLC.
|
|
|
1.3
|
Sales
Agency Financing Agreement dated as of May 13, 2010 between the Company
and Citigroup Global Markets Inc.
|
|
|
1.4
|
Sales
Agency Financing Agreement dated as of May 13, 2010 between the
Company and Morgan Stanley & Co. Incorporated.
|
|
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5.1
|
Opinion
of Troutman Sanders LLP relating to the
Shares.
|
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SIGNATURE
Pursuant to the requirements of the
Securities Exchange Act of 1934, the registrant has duly caused this report to
be signed on its behalf by the undersigned hereunto duly
authorized.
|
Date: May
13, 2010
|
THE
SOUTHERN COMPANY
By /s/Melissa
K. Caen
Melissa K. Caen
Assistant Secretary
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